On this website, I do not always get to give good news, and this is one of these times.I want to sue for unlawful ejectment and be compensated for being barred from my property.
That would be a weak case. You had every right to come into the property during all this time. You could have literally changed the locks and come in if you wanted to. Since you are co-owners, he could not have stopped you. If he protested, you could have called the police. So really, the only thing that was keeping you away was his word which you chose to follow.
In sum, this is not a very strong case. And there is no "unlawful ejecment" when it comes to co-owners. "Unlawful eviction
" applies to tenant/landlord cases, which this is not one.I don't want to give up my share of the property.
In a partition action, the Court may not force you to, and may decide to order you to buy him out, instead. I don't want her children to inherit property that was meant to remain in our family and be inherited by the family.
I am sorry to say that this is not quite true. Regardless of what your mother had intended, unless she created a Will that specifically mandated that the property stay in the family, then at the time that you and he became tenants in common, he could do whatever he wanted with his share including inviting guests over, and/or, giving his share away to anyone he chose.Or I want to be compensated for them inhabiting my half of the property.
Is that a possibility?
I am afraid not unless his guest was paying rent.
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